71 


Library  of  the 

University  of  North  Carolina 

Endowed  by  the  Dialectic  and  Philan¬ 
thropic  Societies 


LAW  OF  NORTH  CAROLINA 


GOVERNING 

Motor  Vehicles 

■ 

i 

BEING 

I 

CHAPTER  55 

CONSOLIDATED  STATUTES 

AS  AMENDED 


Issued  by 

W.  N.  Evebett,  Secretary  of  State 
Raleigh 


August,  1923 


Digitized  by  the  Internet  Archive 
in  2019  with  funding  from 
University  of  North  Carolina  at  Chapel  Hill 


https://archive.org/details/lawofnorthcaroliOOnort 


[Chapter  55,  Consolidated  Statutes] 


MOTOR  VEHICLES 


Art.  1.  General  Provisions. 

2598.  Terms  defined.. 

2599.  Violation  a  misdemeanor. 

2600.  Duty  of  officer  ;  manner  of  enforcement. 

2601.  No  municipal  ordinance  in  conflict. 

Art.  2.  Registration  of  Vehicles. 

2602.  Application  for  registration. 

2603.  Registered  by  secretary  of  state. 

2604.  Repealed. 

2605.  Number  and  certificate  given  ;  expiration 

of  certificate. 

2606.  Dealers  to  report  sales. 

2607.  Cancellation  and  transfer  of  certificate. 

2608.  Display  numbers  required. 

2609.  Nature  of  display  numbers. 

2610.  Repealed. 

2611.  Nonresident  owners  of  vehicles. 

Art.  3.  License  Fees. 

2612.  Amount  of  license  fee. 

2613.  Repealed. 

Art.  4.  Operation  of  Vehicles. 

2614.  By  incompetent  person  ;  racing. 

2615.  Brakes,  horns,  and  lights  required. 

2616.  Driving  regulations ;  frightened  animals ; 

crossings. 

2617.  Rule  of  the  road  in  passing. 

2618.  Speed  regulations  ;  mufflers. 

2619.  Obstructions  in  road. 

2620.  Stopping  motors  ;  standing  near  fire  plug. 

2621.  Use  of  vehicle  without  owner’s  consent. 

Art.  1.  General  Provisions 

2598.  Terms  defined.  The  term  and  words 
1 1  motor  vehicles  ’  ’  used  in  this  chapter  shall  be 
construed  to  mean  all  vehicles  propelled  by  any 
power  other  than  muscular  power,  except  traction 
engines,  road  rollers,  fire  wagons,  engines,  police 
patrol  wagons,  ambulances,  and  such  vehicles  as 
run  only  upon  rails  or  tracks.  The  term  “  owner” 
shall  include  any  person,  firm,  association,  or  cor¬ 
poration  owning  a  motor  vehicle  or  renting  a 
motor  vehicle,  or  having  the  exclusive  use  thereof 
under  a  lease  or  otherwise.  The  term  “  public 
highway  ”  or  1  ‘  highways  ’  ’  shall  be  construed  to 
mean  any  public  highway,  township,  county  or 

3 


State  road,  or  any  country  road,  any  public  street, 
alley,  park,  parkway,  drive  or  public  place  in  any 
city,  village,  or  town.  The  term  and  words  “busi¬ 
ness  portion  of  any  city  or  village”  shall  be  con¬ 
strued  to  mean  the  territory  of  a  city  or  incor¬ 
porated  village  contiguous  to  a  public  highway 
which  is  at  that  point  either  wholly  or  partially 
built  up  with  structures  devoted  to  business. 

1917,  c.  140,  s.  1. 


2599.  Violation  a  misdemeanor.  Any  person 
violating  any  provision  of  this  chapter  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  fined  not  exceeding  fifty  dollars  or  imprisoned 
not  exceeding  thirty  days;  and  any  person  violat¬ 
ing  any  provision  of  this  chapter  where  serious 
damage  is  done,  shall  be  guilty  of  a  misdemeanor. 

1917,  c.  140,  s.  21  ;  1921,  c.  141. 


2600.  Duty  of  officer;  manner  of  enforcement. 

For  the  purpose  of  enforcing  the  provisions  of  this 
chapter  it  is  hereby  made  the  duty  of  every  police 
officer,  every  marshal,  deputy  marshal,  or  watch¬ 
man  of  any  incorporated  city  or  village,  and  every 
sheriff,  deputy  sheriff,  and  all  other  lawful  officers 
of  any  county,  and  every  constable  of  any  town¬ 
ship,  to  arrest,  within  the  limits  of  their  jurisdic¬ 
tion,  any  person  known  personally  to  any  such 
officer,  or  upon  the  sworn  information  of  a  credible 
witness,  to  have  violated  any  of  the  provisions  of 
this  chapter,  and  to  immediately  bring  such  of¬ 
fender  before  any  justice  of  the  peace  or  officer 
having  jurisdiction ;  and  any  such  person  so  ar¬ 
rested  shall  have  the  right  of  immediate  trial,  and 
all  other  rights  given  to  any  person  arrested  for 
having  committed  a  misdemeanor.  Every  officer 
herein  named  who  shall  neglect  or  refuse  to  carry 
out  the  duties  imposed  by  this  chapter  shall  be 
liable  on  his  official  bond  for  such  neglect  or  re¬ 
fusal  as  provided  by  law  in  like  cases. 

1917,  c.  140,  s.  22. 


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2601.  No  municipal  ordinance  in  conflict.  No 

governing  board  of  any  city  or  town  shall  pass  or 
have  in  effect  or- in  force  any  ordinance  contrary r( 
to  the  provisions  of  this  chapter. 

1917,  c.  140,  s.  23. 


4 


Art.  2.  Registration  of  Vehicles 

2602.  Application  for  registration.  Every  own¬ 
er  of  a  motor  vehicle  which  shall  be  operated  or . 
driven  upon  the  public  highways  of  this  State 
either  by  himself,  his  chauffeur,  or  another  by  his 
authority,  shall,  for  each  motor  vehicle  owned,  ex¬ 
cept  as  herein  otherwise  expressly  provided,  cause 
to  be  filed  in  the  office  of  the  Secretary  of  State  an 
application  for  registration  on  a  blank  to  be  fur¬ 
nished  by  the  Secretary  of  State  for  that  purpose, 
containing  a  brief  description  of  the  motor  vehicle 
to  be  registered,  including  the  name,  maker ’s  or 
manufacturer’s  serial  number,  style  of  machine, 
and  horsepower,  the  name  and  address  of  the  own¬ 
er,  and  such  other  information  as  the  Secretary  of 
State  may  deem  necessary. 

1917,  c.  140,  s.  2. 

2603.  Registered  by  Secretary  of  State.  Upon 
receipt  of  an  application  for  registration  of  a 
motor  vehicle  as  provided  in  this  chapter,  the  Sec¬ 
retary  of  State  shall  tile  such  application  in  his 
office  and  register  such  motor  vehicle,  with  the 
name  and  residence  of  the  owner,  together  with 
the  facts  stated  in  such  application,  in  a  book  or 

,  index  to  be  kept  for  that  purpose,  under  the  dis- 
;  tinctive  number  assigned  to  such  motor  vehicle  by 
.  the  Secretary  of  State,  which  book  or  index  shall 
.  oe  opened  to  inspection  during  reasonable  business 
.  lours. 

1  1917,  c.  140,  s.  3. 

r  2604.  Repealed. 
r  1921,  c.  209. 

J 

p  2605.  Number  and  certificate  given,  expiration 
..  )f  certificate.  Upon  the  filing  of  such  application 
ind  the  payment  of  fees  provided  in  this  chapter, 
he  Secretary  of  State  shall  assign  to  such  motor 
rehicle  a  distinctive  number,  and,  without  expense 
o  o  the  applicant,  issue  and  deliver  to  the  owner  a 
i  lertificate  of  registration  in  such  form  as  the  Sec¬ 
s'  'etary  of  State  may  determine,  and  shall  also  fur- 
iish  to  such  applicant  one  display  number  as  here- 
nafter  provided  for.  All  certificates  of  registra- 

5 


tion  shall  expire  on  June  thirtieth,  following  the 
date  of  issue. 

1917,  c.  140,  ss.  4,  5. 

2606.  Dealers  to  report  sales.  The  Secretary  of 
State  shall  require  from  each  wholesale  and  retail 
dealer  in  automobiles  in  the  State  once  each  month 
a  list  of  all  retail  sales,  and  it  shall  .be  the  duty 
of  each  of  the  aforesaid  dealers  to  furnish  this 
information  to  the  Secretary  of  State  within  the 
first  ten  days  of  each  month  of  such  sales  made 
during  the  preceding  month. 

1917,  c.  140,  s.  5. 

2607.  Cancellation  and  transfer  of  certificate. 

Upon  the  sale  of  a  motor  vehicle  registered  under 
the  provisions  of  this  chapter,  the  registered  owner 
shall  within  ten  days  from  the  date  of  such  sale 
return  to  the  Secretary  of  State  his  certificate  of 
registration  furnished  him  as  hereinbefore  pro¬ 
vided  for,  which  certificate  of  registration  shall  be 
canceled :  Provided,  that  such  registered  owner 
may,  at  the  time  of  returning  such  certificate,  upon 
proper  application  for  transfer  filed  in  the  office 
of  the  Secretary  of  State  and  the  payment  of  a 
transfer  fee  of  fifty  cents,  have  a  new  certificate 
of  registration  issued  to  him,  containing  the  origi¬ 
nal  registration  number,  for  a  motor  vehicle  owned  f 
by  him  of  not  greater  tax  horsepower,  such  cer-  s 
tificate  to  remain  in  force  until  June  thirtieth  fol- c 
lowing  date  of  issue.  In  case  the  machine  for 
which  a  transfer  license  is  desired  is  of  greater 
tax  horsepower,  the  difference  between  the  amount 
paid  for  the  original  license  and  the  annual  fee  for 
the  machine  for  which  transfer  license  is  desired 
shall  be  paid  at  the  time  such  application  for  trans-  ‘ 
fer  is  filed,  but  nothing  herein  contained  shall  be 
construed  as  authorizing  the  Secretary  of  State  to  :i 
make  a  rebate  in  case  the  transfer  license  is  issued  1 
for  a  machine  of  less  tax  horsepower  than  the  one } 
originally  registered.  A  license  cannot  be  trans-  ^ 
ferred  from  one  person  to  another. 

1917,  c.  140,  s.  8.  K 

2608.  Display  numbers  required.  In  addition  to  j 

the  certificate  of  registration,  the  Secretary  of  j 
State  shall  furnish  to  each  registered  owner  one  1( 

6 


:  display  number,  which  shall  at  all  times  be  con¬ 
spicuously  displayed  by  such  owner,  on  the  rear 
bf  the  registered  motor  vehicle  for.  which  the  dis¬ 
play  number  is  issued.  The  display  number  shall 
be  rigidly  fastened  in  a  horizontal  position,  and 
the  lower  edges  thereof  shall  be  at  least  fifteen 
inches  from  the  ground,  and  during  the  times  when 
i  motor  vehicle  is  required  to  display  lights  the 
"egistered  number  shall  be  so  illuminated  as  to 
ie  legible  at  a  distance  of  fifty  feet.  In  case  of 
die  loss  or  destruction  of  a  display  number,  the 
Secretary  of  State,  upon  proper  proof  thereof  filed 
vith  him,  and  the  payment  of  one  dollar,  shall 
secure  for  such  owner  a  duplicate  number,  and  the 
Secretary  of  State  may  in  his  discretion  authorize 
phe  applicant  for  duplicate  number  to  have  pre- 
lared  for  use  a  temporary  number  until  the  dupli¬ 
cate  can  be  made  and  furnished.  It  shall  be 
leemed  a  violation  of  this  chapter  for  any  person 
o  display  a  fictitious  number  or  more  than  one 
lisplay  number  on  any  motor  vehicle  operated  on 
he  highways  of  this  State, 
i  1917,  c.  140,  s.  9  ;  1919,  c.  258. 

'  2609.  Nature  of  display  numbers.  The  display 

lumber  shall  be  made  of  suitable  metal,  in  such 
I  lize  and  form  as  the  Secretary  of  State  may  pre- 
.  ■cribe,  and  shall  be  of  a  distinctive  different  color 
.  >r  shade  each  year. 
r  1917,  c.  140,  s.  10. 

r  2610.  Repealed. 

*  Ex.  1921,  c.  97. 

r 

A  2611.  Nonresident  owners  of  vehicles.  Nonresi- 
ent  owners  or  operators  of  motor  vehicles  shall 
e  ie  subject  to  the  same  requirements  and  laws  as 
0  esident  owners  or  operators :  Provided,  that  the 
onresident  owner  of  a  motor  vehicle  which  is 
10  >roperly  registered  under  the  laws  of  another 
tate,  district,  or  territory  shall  be  exempt  from 
he  registration  provisions  of  this  chapter  for  the 
ame  period  that  a  properly  registered  owner  of 
his  State  is  exempt  from  the  registration  pro¬ 
to  isions  of  the  state  in  which  such  nonresident  re- 
ides,  not  exceeding  sixty  days :  Provided,  that 
16  othing  herein  contained  shall  be  construed  to 

7 


exempt  any  motor  vehicles  used  for  hire  by  a  non¬ 
resident. 

'  1917,  c.  140,  s.  12. 

Art.  3.  License  Fees 

2612.  Amount  of  license  fees.  That  the  fees  foi 
the  registration  and  licensing  of  vehicles  as  herein 
required  shall  be  according  to  the  following  sched¬ 
ules  : 

Rates  for  Automobiles 

24  h.p.  or  less _ $12.50  per  yeai 

Over  24  h.p.,  and  not  more  than  30  h.p.  20.00  per  yeai 
More  than  30  h.p.,  and  less  than  35  h.p.  30.00  per  yeai 
35  h.p.  or  more _  40.00  per  yeai 

Motor  vehicles  used  for  the  transportation  of 
passengers  for  hire  shall  pay  fifty  per  cent  morei 
than  the  above  rates. 

Horsepower  shall  be  computed  according  to  thti 
N.  A.  C.  C.  formula  of  rating  for  all  motor  vehL 
cles  equipped  with  internal  combustion  engines 
On  motor  vehicles  operated  by  steam  or  electricity 
the  horsepower  rating  shall  be  computed  according 
to  the  rating  by  the  manufacturer  of  such  vehicle 

Rates  for  Motor  Trucks 

Trucks  with  carrying  capacity  less  than  1,000 
pounds _ $  12.50 


1,000  pounds  and  under  one  ton _  15. 0(; 

One  ton  and  under  two  tons _  25. 0( 

Two  tons  and  under  three  tons _  75. 0( 

Three  tons  and  under  four  tons _  200.00 

Four  tons  and  over _  300. 00 


On  all  trailers,  $15  per  ton  carrying  capacity. 

Motorcycles 

$5  on  each  motorcycle,  and  $5  for  each  motor 
cycle  side-car. 

Dealers  in  Motor  Vehicles 


Registration  fee  and  first  five  plates _ $25. 0( 

Each  additional  plate _  1.0( 


The  fiscal  year  for  the  collection  of  automobile 
licenses  shall  terminate  June  thirtieth.  The  fee 
for  licenses  issued  after  January  first  of  each  year 
and  before  June  thirtieth,  for  the  period  ending 
June  thirtieth,  shall  be  one-half  the  annual  fee. 

The  fiscal  year  for  the  payment  of  said  license  1 
fees  shall  begin  July  first  of  each  year. 

8 


1.  The  foregoing  fees  shall  be  paid  to  the  Secre¬ 
tary  of  State  at  the  time  of  issuance  of  said  regis¬ 
tration  certificates,  permits,  or  licenses.  They 
shall  include  all  costs  of  registration,  issuance  of 
permits,  licenses,  and  certificates,  and  the  furnish¬ 
ing  of  registration  plates,  and  shall  be  in  lieu  of 

r  all  other  State  or  local  taxes  (except  ad  valorem), 
registration,  or  license  fees,  privilege  taxes,  or 
other  charges:  Provided,  however,  a  county,  city 
or  town  may  charge  a  license  or  registration  fee 
on  motor  vehicles  in  the  sum  of  one  dollar  ($1)  per 
annum:  Provided  further,  that  no  county,  city,  or 
town  shall  charge  or  collect  an  additional  fee  for 
the  privilege  of  operating  a  motor  vehicle,  either 
is  chauffeur ’s  or  driver ’s  license :  Provided,  noth¬ 
ing  herein  shall  prevent  the  governing  authorities 
)f  any  city  from  regulating,  licensing,  controlling 
)f  chauffeurs  and  drivers  of  any  such  car  or  vehi¬ 
cle,  and  charging  a  reasonable  fee:  Provided  fur¬ 
ther,  that  any  city  or  town  may  charge  a  license 
lot  to  exceed  fifty  dollars  ($50)  for  any  motor 
vehicle  used  in  transporting  persons  or  property 
:or'  hire  in  lieu  of  all  other  charges,  fees,  and 
icenses  now  charged. 

2.  No  motor  truck  with  a  carrying  capacity  of 
nore  than  five  and  one-half  tons  nor  any  motor 
ruck  with  steel  tires  shall  be  licensed  or  allowed 
o  be  used  upon  the  State  highway  system. 

3.  All  necessary  expenses  of  collecting  the  said 
icense  or  registration  fees,  including  clerical  as¬ 
sistance,  the  cost  of  purchasing  number  plates  and 
nailing  same,  and  for  such  blanks,  books,  and 
ither  supplies  as  cannot  be  furnished  by  the  State 
>rinter,  shall  be  paid  for  monthly  from  the  revenue 
Lerived  from  said  fees  by  warrant  of  the  Auditor 
m  the  State  Treasurer;  and  said  expenses  shall  be 
,pproved  by  the  Governor  and  Council  of  State, 
nd  shall  not  in  the  aggregate  exceed  ten  per  cent 
-f  the  total  amount  collected  by  the  Secretary  of 
date  under  the  provisions  of  this  chapter. 

4.  Any  person,  firm,  or  corporation  that  shall 
perate  any  motor  vehicle  upon  any  highway  of 
he  State,  without  license,  as  is  required  under  this 
ct,  shall  be  guilty  of  a  misdemeanor  and  fined  or 
mprisoned  in  the  discretion  of  the  court.  No 

9 


motor  or  other  vehicle  or  trailer  which  has  a 
greater  rated  weight  of  both  vehicle  and  load  ex¬ 
ceeding  seven  and  one-half  (T1/^)  tons  shall  go 
over  or  be  operated  upon  any  State  highway.  Any 
person,  firm,  or  corporation  violating  the  pro¬ 
visions  of  this  section  shall  be  guilty  of  a  misde¬ 
meanor. 

1917,  c.  140,  s.  6;  1921,  c.  2;  Ex.  1921,  c.  97. 

2613.  Repealed. 

Art.  4.  Operation  of  Vehicles 

2614.  By  incompetent  person;  racing.  No  per* 
son  shall  operate  a  motor  vehicle  upon  the  public 
highway  of  this  State  who  is  under  the  age  of 
sixteen  years  and  who  is  not  competent  physically 
and  mentally,  and  no  person  shall  operate  a  motor  i 
vehicle  when  intoxicated,  or  in  a  race,  or  on  a  bet 
or  wager,  or  for  the  purpose  of  making  a  speed 
record:  Provided,  nothing  herein  contained  shall 
prevent  racing  on  private  race  courses  or  tracks. 
Any  person  who,  being  the  owner,  or  in  charge 
of  any  motor  vehicle,  authorizes  or  knowingly  per¬ 
mits  a  person  under  the  age  of  sixteen  years  to 
operate  such  motor  vehicle  along  any  public  street 
or  public  highway  in  the  State  of  North  Carolina 
shall  be  guilty  of  a  misdemeanor,  and  shall  be 
punished  by  a  fine  not  in  excess  of  the  sum  of 
fifty  dollars  ($50.00).  The  term  motor  vehicle  as 
used  herein  shall  be  construed  to  mean  those  ve¬ 
hicles  it  is  construed  to  mean  in  section  two  thou¬ 
sand  five  hundred  and  ninety-eight  of  the  Con¬ 
solidated  Statutes. 

1917,  c.  140,  s.  13  ;  1923,  c.  202. 

2615.  Brakes,  horns,  and  lights  required.  Every 
motor  vehicle  operated  or  driven  upon  the  public 
highways  of  this  State  shall  be  provided  with  ade¬ 
quate  brakes  in  good  working  order  and  sufficient 
to  control  such  vehicle  at  all  times,  when  same  is 
in  use,  and  a  suitable  and  adequate  bell,  horn,  or 
other  device  for  signaling,  and  shall  during  the 
period  from  one-half  hour  after  sunset  to  one-half 
hour  before  sunrise  display  at  least  two  lighted 
lamps  on  the  front,  and  shall  also  display  a  red 
light  visible  from  the  rear,  which  may  be  in  com- 

10 


binatioir  with  the  light  illuminating  the  display 
number  on  the  rear,  as  heretofore  provided  in  this 
chapter:  Provided,  that  the  lamps  on  such  vehicle 
need  not  be  lighted  when  the  vehicle  is  standing 
under  the  rays  of  a  light  and  can  be  plainly  seen, 
and  that  one  light  displayed  on  the  front  of  a 
motorcycle  shall  be  deemed  a  compliance  with  this 
section.  A  motor  vehicle  of  any  kind  operated  on 
the  public  highways  of  the  State  shall  not  use  any 
lighting  device  equipped  with  a  reflector,  unless 
the  same  shall  be  so  designed,  deflected,  or  ar¬ 
ranged  that  no  portion  of  the  beam  or  reflected 
light,  when  measured  seventy-five  feet  or  more 
ahead  of  the  lamps,  shall  rise  above  forty-two 
inches  from  the  level  surface  on  which  the  vehicle 
stands  under  all  conditions  of  load. 

1917,  c.  140,  ss.  14,  16  ;  1919,  c.  292. 

2616.  Driving  regulations;  frightened  animals; 
crossings.  A  person  operating  or  driving  a  motor 
vehicle  shall,  on  signal  by  raising  the  hand,  from 
a  person  riding,  leading,  or  driving  a  horse  or 
horses  or  other  draft  animals,  bring  such  motor 
vehicle  immediately  to  a  stop,  and,  if  traveling  in 
the  opposite  direction,  remain  stationary  so  long 
as  may  be  reasonable  to  allow  such  horse  or  other 
animal  to  pass,  and,  if  traveling  in  the  same  direc¬ 
tion,  use  reasonable  caution  in  thereafter  passing 
such  horse  or  other  animal :  Provided,  that  in  case 
such  horse  or  other  animal  appears  badly  fright¬ 
ened,  and  the  person  operating  such  motor  vehicle 
is  so  signaled  to  do,  such  person  shall  cause  the 
motor  of  the  motor  vehicle  to  cease  running  so 
long  as  shall  be  reasonably  necessary  to  prevent 
accident  and  insure  the  safety  of  others ;  and  it 
shall  also  be  the  duty  of  any  male  chauffeur  or 
driver  of  any  motor  vehicle  and  other  male  occu¬ 
pants  thereof  over  the  age  of  sixteen  years  while 
passing  any  horse,  horses  or  other  draft  animals 
which  appear  frightened,  upon  the  request  of  the 
person  in  charge  thereof  and  driving  such  horse  or 
|  horses  or  other  draft  animals,  to  give  such  assist¬ 
ance  as  would  be  reasonable  to  insure  the  safety  of 
1  all  persons  concerned  and  to  prevent  accident.  In 
l  approaching  or  passing  a  ear  of  a  street  railway 
•  which  has  been  stopped  to  allow  passengers  to 

H 


alight  or  embark,  the  operator  of  every  motor 
vehicle  shall  slow  down,  and  shall  bring  said 
vehicle  to  a  full  stop  when  going  in  the  same  direc¬ 
tion  as  the  street  car.  Upon  approaching  a  pedes¬ 
trian  who  is  upon  the  traveled  part  of  any  high¬ 
way,  and  not  upon  a  sidewalk,  and  upon  approach¬ 
ing  an  intersecting  highway  or  a  curve,  or  a  corner 
in  a  highway  where  the  operator’s  view  is  ob¬ 
structed,  every  person  operating  a  motor  vehicle 
shall  slow  down  and  give  a  timely  signal  with  his 
bell,  horn,  or  other  device  for  signaling.  Upon 
approaching  an  intersecting  highway,  a  bridge, 
dam,  sharp  curve,  or  deep  descent,  and  also  in 
traversing  such  intersecting  highway,  bridge,  dam, 
curve,  or  descent,  a  person  operating  a  motor 
vehicle  shall  have  it  under  control  and  operate  it 
at  such  speed,  not  to  exceed  ten  miles  an  hour, 
having  regard  to  the  traffic  then  on  such  highway 
and  the  safety  of  the  public.  No  person  operating 
any  motor  vehicle  upon  a  public  road  shall  cross, 
or  attempt  to  cross,  any  railroad  or  interurban 
track  intersecting  the  road  at  grade  other  than  a 
crossing  at  which  there  is  a  gate  or  a  watchman 
(except  an  electric  railway  track  in  a  city,  town, 
or  village)  without  first  bringing  said  motor  vehi¬ 
cle  to  a  full  stop  at  a  distance  not  exceeding  fifty 
(50)  feet  from  the  nearest  rail.  That  no  failure 
so  to  stop,  however,  shall  be  considered  contribu¬ 
tory  negligence  per  se  in  any  action  against  the 
railroad  or  interurban  company  for  injury  to  per¬ 
son  or  property;  but  the  facts  relating  to  such 
failure  to  stop  may  be  considered  with  the  other 
facts  in  the  case  in  determining  whether  the  plain¬ 
tiff  was  guilty  of  contributory  negligence.  Every 
railroad  or  interurban  company  operating  or  leas¬ 
ing  any  track  intersecting  a  public  road  at  grade 
shall  jdace  a  sign-board  not  less  than  ten  feet 
from  the  ground,  on  the  right  side  of  the  road, 
forty  inches  by  fifty  inches,  one  hundred  feet  from 
said  crossing,  which  shall  be  painted  with  red  let¬ 
tering,  to  insure  warning  of  the  proximity  of  the 
crossing  and  notice  to  stop  said  motor  vehicle,  with 
the  following :  1 1 N.  C.  Law.  Stop !  ” :  Provided, 

this  act  shall  not  interfere  with  the  regulations  pre¬ 
scribed  by  towns  and  cities.  Any  person  violating 

12 


the  provisions  of  this  act  shall  be  guilty  of  a  mis¬ 
demeanor,  and  upon  conviction  shall  be  fined  not 
more  than  ten  dollars,  or  imprisoned  not  more  than 
ten  days,  or  both,  in  the  discretion  of  the  court. 

1917,  c.  140,  s.  15  ;  1923,  c.  255. 

2617.  Rule  of  the  road  in  passing.  Whenever  a 
person  operating  a  motor  vehicle  shall  meet  on 
the  public  highway  any  other  person  riding  or 
driving  a  horse  or  horses  or  other  draft  animals, 
or  any  other  vehicle,  the  person  so  operating  such 
motor  vehicle  and  the  person  so  riding  or  driving 
a  horse,  horses,  or  other  draft  animals,  shall  rea¬ 
sonably  turn  the  same  to  the  right  of  the  center 
of  such  highway  so  as  to  pass  without  interference. 
Any  person  so  operating  a  motor  vehicle  shall,  on 
overtaking  any  such  horse,  draft  animal,  or  other 
vehicle,  pass  on  the  left  side  thereof,  and  the  rider 
or  driver  of  such  horse,  draft  animal,  or  other 
vehicle  shall,  as  soon  as  practicable,  turn  to  the 
right  so  as  to  allow  free  passage  on  the  left.  Any 
person  so  operating  a  motor  vehicle  shall,  at  the 
intersection  of  a  public  highway,  keep  to  the  right 
of  the  intersection  of  the  center  of  such  highway 
when  turning  to  the  right  and  pass  to  the  right  of 
such  intersection  when  turning  to  the  left,  and 
shall  signal  with  the  outstretched  hand  the  direc¬ 
tion  in  which  turn  is  to  be  made. 

1917,  c.  140,  s.  16. 

2618.  Speed  regulations;  mufflers.  No  person 
shall  operate  a  motor  vehicle  upon  the  public  high- 
Avay  of  this  State  recklessly,  or  at  a  rate  of  speed 
greater  than  is  reasonable  and  proper,  having  re¬ 
gard  to  the  width,  traffic,  and  use  of  the  highway, 
or  so  as  to  endanger  the  property  or  the  life  or 
limb  of  any  person:  Provided,  that  a  rate  of  speed 
in  excess  of  twenty  miles  per  hour  in  the  resi¬ 
dence  portion  of  any  city,  town  or  village,  and  a 

1  rate  of  speed  in  excess  of  ten  miles  per  hour  in 
1  the  business  portion  of  any  city,  town  or  village, 
'  and  a  rate  of  speed  in  excess  of  thirty  miles  per 
1  hour  on  any  public  highway  outside  of  the  cor- 
)  porate  limits  of  any  incorporated  city  or  town, 
,  shall  be  deemed  a  violation  of  this  section:  Pro- 
!•  vided  further,  that  no  person  shall  operate  upon 
j  the  public  highways  inside  the  corporate  limits  of 

13 


any  incorporated  city  or  town  of  this  State  a  motor 
vehicle  with  muffler  cut-out  open. 

1917,  c.  140,  s.  17. 

2619.  Obstructions  in  road.  No  person  shall 
throw,  place  or  deposit  any  glass  or  other  sharp 
or  cutting  substance  or  any  injurious  obstruction 
in  or  upon  any  of  the  public  highways  of  this 
State. 

1917,  c.  140,  s.  18. 


2620.  Stopping  motors;  standing  near  fire  plug. 

No  person  shall  permit  the  motor  of  a  motor  ve¬ 
hicle  to  remain  running  when  such  motor  vehicle 
is  unoccupied  on  the  public  highway  of  this  State 
for  a  longer  period  than  five  minutes:  Provided, 
that  no  motor  vehicle  shall  be  left  standing  within  i 
fifteen  feet  of-  a  fire  plug  upon  the  public  highway 
of  this  State  unless  in  charge  of  a  person  who  can 
immediately  move  such  vehicle  in  case  of  necessity. 

1917,  c.  140,  s.  19. 


2621.  Use  of  vehicle  without  owner’s  consent. 

No  person  shall  use  or  operate  any  motor  vehicle 
owned  by  another  without  the  knowledge  or  con¬ 
sent,  expressed  or  implied,  of  such  owner,  on  any 
public  highway  or  elsewhere  in  this  State:  Pro¬ 
vided,  this  section  shall  not  be  construed  to  repeal 
or  in  any  way  affect  any  law  making  the  unlawful 
taking  of  such  vehicle  for  temporary  use  a  criminal 
offense. 


1917,  c.  140,  s.  20. 


4292.  Fraudulent  removal  of  manufacturer’s 
serial  number  from  automobile.  Every  person  with¬ 
in  this  State  is  hereby  prohibited  from  knowingly 
buying,  selling,  receiving,  disposing  of  or  conceal¬ 
ing  any  automobile,  motor  car,  or  motor  vehicle 
from  which  the  manufacturer’s  serial  number  or 
any  other  distinguishing  number  or  identification 
mark  has  been  removed,  defaced,  covered,  altered, 
or  destroyed,  for  the  purpose  of  concealing  or  mis¬ 
representing  the  identity  of  said  automobile,  mo¬ 
tor  car,  or  motor  vehicle.  Any  person  violating 
the  provisions  of  this  section,  and  any  person  who 
shall  knowingly  buy,  sell,  receive,  dispose  of,  or 
conceal  any  automobile,  motor  car,  or  motor  vehicle 
from  which  the  manufacturer’s  serial  number  or 


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14 


any  other  distinguishing  number  or  identification 
mark  has  been  removed,  defaced,  covered,  altered, 
or  destroyed,  for  the  purpose  of  concealment  or 
misrepresenting  the  identity  of  said  automobile, 
motor  car,  or  motor  vehicle,  shall  be  guilty  of  a 
misdemeanor.  This  section  shall  not  apply  to  auto- 
1  mobiles  in  the  possession  of  innocent  purchasers 
who  acquired  title  or  possession  prior  to  March 
fourth,  one  thousand  nine  hundred  and  nineteen. 

1919,  c.  110. 

4506.  Operating  automobile  while  intoxicated. 

Any  person  who  shall,  while  intoxicated  or  under 
the  influence  of  intoxicating  liquors  or  bitters, 
morphine  or  other  opiates,  operate  an  automobile 
upon  the  public  highways  of  any  county  or  the 
streets  of  any  city  or  town  in  this  State  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  fined  not  less  than  fifty  dollars  or  imprisoned 
not  less  than  thirty  days,  or  both,  at  the  discretion 
of  the  court. 

1919,  c.  234. 


[Chapter  97,  Public  Laws,  Extra  Session  1921] 

An  Act  for  the  Better  Enforcement  of  the 
Automobile  Laws. 

Section  1.  That  the  Secretary  of  State  be  and 
he  is  hereby  authorized  to  appoint,  in  his  discre- 
i  tion,  one  or  more  discreet  persons  who  shall  be 

■  known  as  “Automobile  Inspectors, ’ ’  and  who, 

'  when  commissioned  and  qualified  as  hereinafter 

■  provided,  shall  have  the  same  police  power  in  cases 
'  if  the  violations  of  the  automobile  laws  as  are 
r  now  conferred  on  sheriffs,  police,  marshals,  and 
1  other  officers  under  chapter  55  of  the  Consolidated 
’  Statutes,  and  such  powers  shall  run  in  all  counties 
’  within  the  State. 

I  Sec.  2.  Each  inspector,  before  assuming  his 
o  luties,  shall  be  commissioned  by  the  Governor  and 
r  shall  qualify  before  the  clerk  of  the  superior  court 
e  )f  his  county  by  taking  the  oath  prescribed  by  law 
I  for  justices  of  the  peace. 

15 


Sec.  3.  Such  inspectors  may  serve  without  com 
pensation,  or  may  receive  such  compensation  as  tin 
Secretary  of  State  may  deem  necessary,  to  be  paid 
from  the  automobile  fund  provided  for  under  chap 
ter  2,  Public  Laws  of  1921,  by  warrant  of  th( 
Auditor  on  the  Treasurer :  Provided,  said  compen 
sation  shall  be  approved  by  the  Governor  anc 
Council  of  State. 

Sec.  4.  That  it  shall  be  the  duty  of  all  sheriffs 
police  officers,  deputy  sheriffs,  deputy  police  of 
ficerSjjand  all  other  officers  within  the  State  to  co 
operate  with  and  render  all  assistance  in  theii 
powrer  to  the  inspectors  herein  provided  for,  anc 
nothing  in  this  act  shall  be  construed  as  relieving 
said  sheriffs,  police  officers,  deputy  sheriffs,  deputy 
police  officers,  and  other  officers  of  the  duties  im 
posed  on  them  by  chapter  55  of  the  Consolidatec 
Statutes. 

Sec.  5.  All  display  numbers  issued  by  the  Secre 
tary  of  State  under  chapter  55  of  the  Consolidate( 
Statutes  and  amendments  thereto  shall  be  and  re 
main  the  property  of  the  State,  and  it  shall  be  law 
ful  for  the  Secretary  of  State  or  his  agent  to  sum 
marily  take  possession  of  any  number  which  he  ha 
reason  to  believe  is  being  illegally  used,  and  t< 
keep  in  his  possession  such  number  pending  invest! 
gation  and  legal  disposition  of  the  same. 

Sec.  6.  Any  person  who  shall  apply  for  th 
registration  of  a  motor  vehicle  to  the  Secretary  o 
State,  and  who  shall  willfully  give  or  cause  to  b 
given  a  worthless  check  in  payment  therefor,  o 
a  fictitious,  incomplete,  or  assumed  name  on  th 
application  for  registration,  or  shall  make  an; 
statement  in  connection  with  the  application  fo 
registration  with  the  intent  to  defraud  the  State 
or  who  shall  knowingly  give  a  wrong  postoffice  ad 
dress  or  any  other  information  for  the  purpose  o 
willfully  hindering  identification,  or  who  shal 
knowingly  use  or  allow  to  be  used  unlawfully  an, 
license  number  plate  issued  by  the  Secretary  o 
State,  shall  be  guilty  of  a  misdemeanor,  and  upo 
conviction  shall  be  fined  or  imprisoned  in  the  dis 
cretion  of  the  court. 


16 


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Sec.  7.  It  shall  be  the  duty  of  each  and  every 
registered  owner  of  a  motor  vehicle  to  keep  the 
display  number  plate  assigned  to  such  motor  ve¬ 
hicle  reasonably  clean  and  free  from  dust  and  dirt, 
and  such  registered  owner,  or  any ‘person  in  his 
employ,  or  who  operates  such  motor  vehicle  by  his 
authority,  shall,  upon  the  request  of  any  proper 
officer  immediately  clean  such  display  plate  so  that 
the  numbers  thereon  may  be  readily  distinguished, 
and  any  person  who  shall  neglect  or  refuse  to  so 
clean  a  display  number  plate,  after  having  been 
requested  to  do  so,  shall  be  guilty  of  a  misde¬ 
meanor,  and  fined  not  exceeding  fifty  dollars  or 
imprisoned  not  exceeding  thirty  days. 


?  Sec.  8.  Any  person  who  shall  willfully  and  with 
intent  to  defraud  the  State  of  registration  fees 
due,  operate  a  motor  vehicle  with  a  display  number 
plate  which  has  been  repainted,  or  altered,  or 
forged,  or  which  was  issued  by  the  Secretary  of 
State  for  a  motor  vehicle  other  than  the  one  on 
which  used,  shall  be  guilty  of  a  misdemeanor. 

Sec.  9.  Any  operator  of  a  motor  vehicle  who 
shall  willfully  and  with  intent  to  conceal  the  iden¬ 
tity  of  such  motor  vehicle,  or  the  identity  of  the 
;  registered  owner  thereof,  mutilate,  bend,  twist, 
i  cover  or  cause  to  be  covered  or  partially  covered 
by  any  bumper,  light,  spare  tire,  tire-rack,  strap, 
or  other  device,  or  who  shall  paint,  enamel,  emboss, 
stamp,  print,  perforate,  or  alter  or  add  to  or  cut 
off  any  part  or  portion  of  a  display  number  plate 
or  the  figures  or  letters  thereon,  or  who  shall  place 
or  deposit  or  cause  to  be  placed  or  deposited  any 
oil,  grease,  or  other  substance  upon  such  display 
number  plate  for  the  purpose  of  making  dust  ad¬ 
here  thereto,  or  who  shall  deface,  disfigure,  change, 
or  attempt  to  change  any  letter  or  figure  thereon, 
or  who  shall  display  a  number  plate  in  other  than 
a  horizontal  upright  position,  shall  be  guilty  of  a 
misdemeanor. 


Sec.  10.  Any  registered  owner  of  a  motor  ve¬ 
hicle  who  shall  knowingly  allow  or  permit  the  use 
of  a  display  number  plate  issued  to  him  to  be 
taken  from  the  motor  vehicle  for  which  it  was 


17 


issued  and  used  on  another  motor  vehicle  by  an¬ 
other  person,  shall  be  guilty  of  a  misdemeanor. 

Sec.  11.  That  section  2610  of  the  Consolidated 
Statutes,  relating  to  the  registration  and  licensing 
of  dealers,  be  and  the  same  is  hereby  repealed,  and 
the  following  inserted  in  lieu  thereof : 

“2610.  Special  numbers  to  dealers.  Every 
person,  firm,  association,  or  corporation  manufac¬ 
turing  or  dealing  in  motor  vehicles  may,  instead 
of  registering  such  motor  vehicles  so  manufactured 
or  dealt  in,  make  application  upon  a  blank  to  be 
furnished  by  the  Secretary  of  State  for  a  general 
distinctive  number  for  all  motor  vehicles  owned  or 
controlled  for  purposes  of  sale  by  such  manu-j 
facturer  or  dealer,  such  application  to  contain  such 
information  as  to  name,  style,  and  class  of  cars 
manufactured  or  dealt  in  by  such  person,  firm,  as¬ 
sociation,  or  corporation  as  the  Secretary  of  State 
may  require ;  and  upon  the  payment  of  the  regis- , 
tration  fee  hereinafter  provided  for,  such  person, 
firm,  association,  or  corporation  shall  be  assigned  : 
a  distinctive  number,  together  with  a  certificate  of  , 
registration,  made  in  such  form  and  containing , 
such  information  as  the  Secretary  of  State  shall  ] 
determine;  and  every  motor  vehicle  owned  or  con-!, 
trolled  by  such  manufacturer  or  dealer,  except  as , 
hereinafter  provided,  shall  be  regarded  as  regis¬ 
tered  under  and  having  assigned  to  it  such  general  r 
distinguishing  number  until  sold  or  otherwise  dis-  . 
posed  of.  No  manufacturer  or  dealer  shall  operate 
any  motor  vehicle  so  registered  for  any  other  pur¬ 
pose  than  the  trial  or  adjustment  of  such  motor  vehi¬ 
cle,  or  for  its  demonstration  to  a  prospective  buyer, 
or  for  some  purpose  incidental  to  the  legitimate 
business  of  manufacturing,  purchasing,  exhibiting, 
selling,  or  repairing  motor  vehicles  by  such  manu¬ 
facturer  or  dealer.  No  motor  vehicle  registered 
under  the  provisions  of  this  section  shall  be  rented 
for  hire  or  used  for  the  purpose  of  conveying  pas¬ 
sengers  or  freight  for  hire.  No  person  other  than 
a  bona  fide  manufacturer  or  dealer  shall  obtain 
or  use  a  registration  certificate  or  the  correspond¬ 
ing  number  plate  issued  by  authority  of  the  pro¬ 
visions  of  this  section;  and  no  person  who  shall 
have  registered  a  motor  vehicle  under  the  pro-  )i 

18 


■e*? - — ettss-w— « - ay — y — 


isions  of  this  section  shall  loan  his  number  plate 
)  any  person.  No  registration  of  any  manufac- 
arer  or  dealer  shall  be  transferable.  The  Secre- 
ary  of  State  may  at  any  time  require  that  a  manu- 
acturer  or  dealer  in  motor  vehicles  shall  prove  that 
e  is  a  bona  fide  manufacturer  or  dealer,  and  fail- 
re  to  so  prove  shall  be  sufficient  cause  for  the 
ancellation  of  the  registration  of  such  manufac- 
urer  or  dealer,  and  the  Secretary  of  State  shall 
ake  possession  of  and  cancel  the  display  numbers 
jsued.  No  manufacturer  or  dealer,  or  any  em- 
loyee  of  such  manufacturer  or  dealer,  shall  cause 
r  permit  the  display  or  other  use  of  any  number 
late  or  certificate  of  registration  which  may  have 
een  furnished  to  such  manufacturer  or  dealer 
nder  the  distinctive  number  herein  provided  for, 
xcept  upon  motor  vehicles  owned  by  such  manu- 
acturer  or  dealer  within  the  meaning  and  intent 
f  this  section,  and  no  person  shall  display  or 
therwise  use  or  have  in  his  possession  for  the 
urpose  of  using  any  registration  certificate  or  dis¬ 
lay  number,  except  such  manufacturer  or  dealer, 
r  his  employees :  Provided,  that  if  the  Secretary 
f  State,  upon  receiving  from  any  manufacturer  or 
ealer  an  application  for  the  issuance  for  the  ensu- 
ag  registration  year  of  a  certificate  of  registration 
nd  general  distinguishing  number  provided  for  in 
his  section,  shall  determine,  upon  due  cause,  that 
uch  manufacturer  or  dealer  during  the  previous 
egistration  year  has  failed  to  comply  with  the  re- 
uirements  of  this  section  respecting  the  use  of 
umbers  or  filing  of  reports  required  by  section 
606  of  the  Consolidated  Statutes,  the  Secretary  of 
State  may  refuse  such  application.  Any  person 
iolating  any  provision  of  this  section  shall  be 
uilty  of  a  misdemeanor.  ’  ’ 

Sec.  12.  That  section  28,  chapter  2,  Public  Laws 
f  1921,  be  and  the  same  is  hereby  amended  by 
triking  out  the  words  1 1  registration  fee  and  first 
ive  plates  *  ’  in  line  28  thereof,  and  inserting  in 
ieu  thereof  the  words  * 1  registration  fee  and  first 
•late.  ’  ’ 

Sec.  13.  That  chapter  64,  Public  Laws,  Extra 
Session  of  1920,  be  and  the  same  is  hereby  re- 
,ealed,  and  it  shall  be  unlawful  for  any  motor  ve- 

19 


hide  mentioned  therein  to  be  operated  on  the  pul 
lie  highways  of  this  State  from  and  after  Jui 
30,  1922,  without  having  first  been  duly  registere 
in  the  office  of  the  Secretary  of  State  as  require 
by  chapter  55  of  the  Consolidated  Statutes  an 
acts  amendatory  thereof :  Provided,  that  the  Se 
retary  of  State,  upon  proper  proof  being  filed  wit 
him  that  any  motor  vehicle  for  which  license  : 
herein  required  is  owned  by  the  State  or  any  d> 
partment  thereof,  or  by  any  county,  township,  cit; 
or  town,  or  by  any  board  of  education,  may  co 
lect  not  exceeding  one  dollar  for  the  registratio 
and  numbering  of  such  motor  vehicle:  Provide 
further,  that  the  term  ‘‘owned”  shall  be  coi 
strued  to  mean  that  such  motor  vehicle  is  the  actu: 
property  of  the  State  or  some  department  thereo 
or  of  the  county,  township,  city,  or  town,  or  of  th 
board  of  education,  and  no  motor  vehicle  which  i 
the  property  of  any  officer  or  employee  of  any  dc 
partment  named  herein  shall  be  construed  as  be 
ing  “owned”  by  such  department.  Any  perso 
operating  a  motor  vehicle  in  violation  of  any  pre 
vision  of  this  section  shall  be  guilty  of  a  misd(: 
meanor,  and  upon  conviction  shall  be  fined  nc 
more  than  $50  or  imprisoned  not  more  than  3 
days. 

Sec.  14.  That  all  laws  and  clauses  of  laws  i 
conflict  with  this  act  are  hereby  repealed. 

Sec.  15.  That  this  act  shall  be  in  force  from  an 
after  its  ratification. 

Ratified  this  the  19th  day  of  December,  A.I 
1921. 


20 


ll 

IB  [Chapter  236,  Public  Laws  1923] 

■e 

L  Act  to  Protect  the  Title  of  Motor  Veiii- 
B  cles  Within  this  State;  To  Provide  for  the 
g,  Issuance  of  Certificates  of  Title  and  Evi- 
dence  of  Registration  Thereof  ;  To  Regu- 
j  late  Purchase  and  Sale  or  Other  Transfer 
1i  of  Ownership  ;  To  Facilitate  the  Recovery 
k  of  Motor  Vehicles  Stolen  or  Otherwise  Un- 
dI lawfully  Taken;  To  Provide  for  the  Regu¬ 
lation  and  Licensing  of  Certain  Dealers  in 
e  U sed  and  Second-hand  Vehicles  as  Herein 
u  Defined  ;  To  Prescribe  the  Powers  and 
^Duties  of  the  Secretary  of  State  Here- 

)  UNDER  ;  AND  To  PROVIDE  PENALTIES  FOR  VIOLA¬ 
TION  of  the  Provisions  Hereof. 
i: 

[(  Section  1.  Definitions.  The  words  and  phrases 
k  ed  in  this  act  shall  be  construed  as  follows,  un- 
j 'is  the  context  may  otherwise  require: 

(a)  The  term  11  motor  vehicles”  shall  include  all 
hides  propelled  by  power  other  than  muscular 
wer,  except  motorcycles  operated  by  policemen  or 
emen  when  on  official  business  and  excepting  all 
her  motor  vehicles,  including  trucks  owned  and  op- 
ated  by  municipalities,  or  by  the  State,  or  any 
litical  subdivision  thereof,  or  by  any  State  inst.i- 
tion,  or  by  the  Federal  Government.  The  term 
motor  vehicle 7  7  as  used  in  this  act  shall  not  include 
icks,  traction  engines,  road  rollers,  fire  wagons, 
e  engines,  police  patrol  wagons  and  also  such  ve- 
des  that  run  only  upon  rails  or  tracks  :  Provided, 
at  such  excepted  motor  vehicles  shall  be  desig- 
ted  by  proper  signs  or  legible  markings  showing 
e  department  of  the  municipality,  State  institu- 
n,  or  Federal  Government  in  which  said  vehicles 
a  employed. 

(b)  The  term  V State”  as  used  in  this  act,  ex- 
pt  where  otherwise  expressly  provided,  shall  also 
dude  the  territories  and  the  Federal  Districts  of 
a  United  States. 

(c)  The  term  li  owner”  shall  also  include  any 
rson,  firm,  association  or  corporation  renting  a 
)tor  vehicle  or  having  the  exclusive  use  thereof, 

21 


under  a  lease  or  otherwise,  for  a  period  greate  f 
than  thirty  days.  As  between  contract  vendor  an  3 
contract  vendee,  the  term  ‘  ‘  owner  ’  ’  shall  ref e  1 
to  the  contract  vendee  unless  the  contrary  sha 
clearly  appear  from  the  context  of  this  act. 

(d)  The  term  1  ‘  manufacturer  ”  shall  include 
person,  firm,  corporation  or  association  engaged  i 
the  manufacture  of  new  motor  vehicles,  as 
regular  business. 

(e)  The  term  “used  vehicles”  covers  a  moto 
vehicle  which  has  been  sold,  bargained,  exchangee 
given  away  or  title  transferred  from  the  person 
who  first  took  out  title  to  it  from  the  manufacture 
or  importer,  and  so  used  as  to  have  become  wha 
is  commonly  knowm  as  “second  hand”  within  th 
ordinary  meaning  thereof. 

(f)  The  term  “dealer”  shall  embrace  any  pei 
son,  firm  or  corporation  or  association  engaged  iii 
the  purchase  and  sale  of  motor  vehicles,  or  in  th 
leasing  of  the  same  for  a  period  of  thirty  or  mori 
successive  days. 

Sec.  2.  Certificate  of  title  for  motor  vehicles 
After  October  first,  nineteen  hundred  and  twrenty 
three,  no  certificate  of  the  registration  of  any  ve 
hide  or  number  plates  therefor,  whether  origina 
issues  or  duplicates,  shall  be  issued  or  furnishe< 
by  the  Secretary  of  State,  or  any  other  officer  witl 
such  duty,  unless  the  applicant  therefor  shall  a 
the  same  time  make  application  for  an  official  cer 
tificate  of  title  of  such  motor  vehicle,  or  shall  pre 
sent  satisfactory  evidence  that  such  a  certificat< 
covering  such  motor  vehicle  has  been  previously 
issued  to  the  applicant.  Said  application  shall  b< 
upon  a  blank  form  to  be  furnished  by  the  Secretary 
of  State  and  shall  contain  a  full  description  of  tin 
motor  vehicle,  which  said  description  shall  contair 
the  manufacturer’s  number,  the  motor  number,  and 
any  distinguishing  marks,  together  with  a  state 
ment  of  the  applicant’s  title  and  of  any  liens  oi 
encumbrances  upon  said  motor  vehicle  and  suet 
other  information  as  the  Secretary  of  State  may  re 
quire. 

The  Secretary  of  State,  if  satisfied  that  the  ap 
plicant  is  the  owner  of  such  motor  vehicle,  or  other- 

22 


telvise  entitled  to  have  the  same  registered  in  his 
mi.gme,  shall  thereupon  issue  to  the  applicant  an 
[expropriate  certificate  of  title  over  his  signature, 
Authenticated  by  a  seal  to  be  procured  and  used 
|  or  such  purpose.  Said  certificates  shall  be  num- 
:  lered.  consecutively,  beginning  with  number  one, 
'and  shall  contain  such  description  and  other  evi¬ 
dence  of  identification  of  said  motor  vehicle  as  the 
Secretary  of  State  may  deem  proper,  together  with 
statement  of  any  liens  or  encumbrances  which  the 
application  may  show  to  be  thereon.  The  charge  for 
xlach  original  certificate  of  title  so  issued  shall  be 
ipfty  cents,  which  charge  shall  be  in  addition  to 
eihe  charge  for  the  registration  of  such  motor  ve¬ 
hicle.  Said  certificate  shall  be  good  for  the  life 
hi  f  the  car  so  long  as  the  same  is  owned  or  held 
y  the  original  holder  of  such  certificate,  and  need 
!r  ot  be  renewed  annually,  or  at  any  other  time  ex¬ 
cept  as  herein  provided.  On  or  before  September 
hc.rst,  one  thousand  nine  hundred  and  twenty-three, 
f(:t  shall  be  the  duty  of  the  Secretary  of  State  to 
ause  to  be  printed  copies  of  this  act,  and  to  make 
o  every  person  to  whom  the  Secretary  of  State,  or 
!s  ther  officer  having  the  duty  of  registration  of 
J  iotor  vehicles,  has  issued  a  certificate  of  registra- 
e  ion  for  the  year  nineteen  hundred  twenty-three, 
a  ‘ne  of  such  printed  copies,  accompanied  by  a  blank 
*  orm  of  application  for  a  certificate  of  title. 

j  Sec.  3.  New  certificate  required  after  sale  or 
r  ransf  er.  In  the  event  of  the  sale  or  other  trans- 
e  er  in  this  State  after  October  first,  nineteen  hun¬ 
dred  twenty-three,  of  the  ownership  of  a  motor  ve- 
h  icle  for  which  a  certificate  of  title  has  been  issued 
)(  s  aforesaid,  the  holder  of  such  certificate  shall 
•j  idorse  on  the  back  of  same  an  assignment  thereof, 

K  vith  warranty  of  title,  in  form  printed  thereon, 
j  /ith  a  statement  of  all  liens  or  encumbrances  on 
i  aid  motor  vehicle,  and  deliver  the  same  to  the  pur- 
j.  haser  or  transferee  at  the  time  of  the  delivery  to 
i,  im  of  such  motor  vehicle.  The  purchaser  or  trans- 
eree  shall  within  ten  days  thereafter  present  such 
ertificate,  assigned  as  aforesaid,  to  the  Secretary 
f  State,  accompanied  by  a  fee  of  fifty  cents,  where- 
pon  a  new  certificate  of  title  shall  be  issued  to 
ue  assignee.  Said  certificate,  when  so  assigned 

23 


and  returned  to  the  Secretary  of  State,  together 
with  any  subsequent  assignments  or  reissues  there¬ 
of,  shall  be  retained  by  the  Secretary  of  State  ancl 
appropriately  filed  and  indexed,  so  that  at  all 
times  it  will  be  practicable  to  trace  title  to  the 
motor  vehicle  designated  therein. 

Sec.  4.  Certificate  of  title  required  to  operate 
motor  vehicles.  The  owner  or  any  person,  without 
consent  of  the  owner  being  first  obtained,  who  shall 
operate  a  motor  vehicle  in  this  State  under  a  regis¬ 
tration  number  of  this  State  after  October  first, 
one  thousand  nine  hundred  and  twenty-three,  with¬ 
out  first  having  made  application  for  a  certificate 
of  title  as  herein  provided,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  less  than  twenty-five 
dollars  nor  more  than  one  thousand  dollars;  and 
from  and  after  October  first,  one  thousand  nine 
hundred  and  twenty-three,  any  person  who  sells 
a  motor  vehicle  without  complying  with  the  re¬ 
quirements  of  section  three  hereof  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  shall  be 
fined  or  imprisoned  in  the  discretion  of  the  court. 

Sec.  5.  Certificates  of  registration  for  motor 
vehicles.  The  Secretary  of  State  shall  furnish  with 
each  number  plate  issued  a  receipt  of  registration, 
which  shall  contain  upon  the  face  thereof  the  fol¬ 
lowing  data :  The  name  of  the  registered  owner 
of  the  motorcycle  or  motor  vehicle,  the  owner’s 
postoffice  address,  the  make  of  the  vehicle,  the 
registered  horsepower,  the  registration  or  license 
number  and  date  of  issue  of  the  receipt  of  regis¬ 
tration.  Such  receipt  of  registration  shall  contain 
a  blank  space  for  the  signature  of  the  registered 
owner  and  shall  be  signed  with  ink  by  such  owner 
immediately  upon  receipt.  Said  receipt  of  regis¬ 
tration  shall,  at  all  times,  while  the  motor  vehicle 
for  wrhich  it  was  issued  is  being  operated  within 
this  State,  be  in  the  possession  of  the  operator 
thereof,  and  shall  be  subject  to  inspection  by  any 
peace  officer  at  any  time. 

Sec.  6.  Old  certificates  to  be  returned  to  Secre¬ 
tary  of  State.  Upon  transfer  of  ownership  of  any 
motor  vehicle  or  motorcycle,  registered  under  this 

24 


act,  the  person  in  whose  name  such  motor  vehicle 
or  motorcycle  is  registered  shall  forthwith  deliver, 
or  forward  by  registered  mail,  the  receipt  of  regis- 
i  tration  to  the  Secretary  of  State,  with  a  statement 
of  the  name  and  postoffice  address  of  the  trans¬ 
feree,  and  the  date  of  transfer.  For  failure  to 
comply  with  this  provision  within  ten  days  after 
the  date  of  transfer,  the  transferee,  upon  convic¬ 
tion,  shall  be  fined  not  less  than  five  dollars  nor 
more  than  fifty  dollars. 

Sec.  7.  Transfer  of  ownership  file  to  be  kept 
by  Secretary  of  State.  Transferee  of  title  required 
to  make  application  for  new  certificate.  Upon  re- 
i  ceipt  of  such  old  certificate  it  shall  be  the  duty  of 
!  the  Secretary  of  State  to  file  such  receipt  of  regis¬ 
tration  in  a  file  to  be  known  as  “The  transfer 
of  ownership  file.  ”  Unless  the  transferee,  as 
I  shown  by  the  indorsement  on  the  back  of  the  re¬ 
ceipt  of  registration,  applies  by  mail,  or  otherwise, 

:  within  ten  days  after  the  date  of  transfer  of  the 

I  motor  vehicle  for  certificate  of  registration  and 
title,  the  Secretary  of  State  shall  notify  said  trans¬ 
feree  at  once  to  do  so.  Unless  said  transferee  then 
makes  application  within  five  days  after  receipt 
'  of  such  notice  from  the  Secretary  of  State  for  such 
certificate,  he  shall  be  considered  to  be  driving  a 
motor  vehicle  without  registration,  and  upon  con¬ 
viction  thereof  shall  be  fined  not  less  than  five 
dollars  nor  more  than  fifty  dollars. 

Sec.  8.  Secretary  of  State  may  refuse  to  issue 
certificate,  or  revoke  same  if  issued.  If  the  Secre¬ 
tary  of  State  shall  determine  at  any  time  that  an 
applicant  for  a  certificate  of  title  of  a  motor  ve¬ 
hicle  is  not  entitled  thereto,  he  may  refuse  to  issue 
such  certificate  or  to  register  such  vehicle,  and 
may  for  a  like  reason,  and  after  notice  and  hear¬ 
ing,  revoke  registration  already  acquired  on  any 
outstanding  certificate  of  title. 

Sec.  9.  Penalty  for  false  statement  in  applica¬ 
tion,  and  possession  of  stolen  motor  vehicle,  etc. 

Any  person  who  shall  knowingly  make  any  false 
statement  of  a  material  fact,  either  in  his  applica¬ 
tion  for  the  certificate  of  title  herein  provided  for 
or  in  any  assignment  thereof,  or  who,  with  intent 

25 


to  procure  or  pass  title  to  a  motor  vehicle  which  he 
knows  or  has  reason  to  believe  has  been  stolen, 
shall  receive  or  transfer  possession  of  the  same 
from  or  to  another,  or  who  shall  have  in  his  pos¬ 
session  any  motor  vehicle  which  he  knows  or  has 
reason  to  believe  has  been  stolen,  and  who  is  not 
an  officer  of  the  law  engaged  at  the  time  in*  the 
performance  of  his  duty  as  such  officer,  shall  be 
deemed  guilty  of  a  felony,  and  upon  conviction 
shall  be  punished  by  a  fine  of  not  less  than  one 
hundred  dollars  nor  more  than  five  thousand  dol¬ 
lars  or  by  imprisonment  in  any  penal  institution 
within  this  State  for  not  less  than  one  year  nor 
more  than  five  years,  or  both,  in  the  discretion  of 
the  court.  This  provision  shaJl  not  be  exclusive  of 
any  other  penalties  prescribed  by  any  existing  or 
future  laws  for  the  larceny  or  unauthorized  taking 
of  motor  vehicles,  but  shall  be  deemed  supplemen¬ 
tary  thereto. 

Sec.  10.  Certificates  for  dealers  and  manufac¬ 
turers.  In  the  case  of  dealers  in  motor  vehicles, 
motorcycles,  including  manufacturers  who  sell  to 
others  than  dealers,  all  of  whom  are  intended  to 
be  covered  by  this  and  all  other  provisions  of  this 
section,  a  separate  certificate  of  title,  either  of 
such  dealer’s  immediate  vendor  or  of  the  dealer 
himself,  shall  be  required  in  the  case  of  each  motor 
vehicle  in  his  possession,  and  the  Secretary  of  State 
shall  determine  the  form  in  which  application  for 
such  certificates  of  title  and  assignments  thereof 
shall  be  made:  Provided,  however,  that  no  such 
certificate  shall  be  required  in  the  case  of  new 
motor  vehicles,  sold  by  manufacturers  to  dealers 
as  the  term  1  ‘  dealers  ’  ’  is  defined  in  section  one  of 
this  act. 

Sec.  11.  Duplicate  certificates  where  original  is 
lost.  In  the  case  of  lost  certificates  of  title  or 
registration,  the  loss  of  which  is  accounted  for  to 
the  satisfaction  of  the  Secretary  of  State,  dupli¬ 
cates  may  be  issued,  the  charge  therefor  to  be 
fifty  cents  each. 

Sec.  12.  Alteration  or  forgery  of  certificate  of 
title,  and  penalty  thereof.  Any  person  who  shall 
alter  or  forge,  or  cause  to  be  altered  or  forged,  any 

26 


certificate  of  title  issued  by  the  Secretary  of  State 
pursuant  to  the  provisions  of  this  section,  or  any 
assignment  thereof,  or  who  shall  hold  or  use  any 
such  certificate  or  assignment  knowing  the  same 
to  have  been  altered  or  forged,  shall  be  deemed 
guilty  of  a  felony,  and  upon  conviction  thereof 
shall  be  liable  to  pay  a  fine  of  not  less  than  one 
hundred  dollars  nor  more  than  five  thousand  dol¬ 
lars,  or  to  imprisonment  in  any  penal  institution  in 
this  State  for  a  period  of  not  less  than  one  year 
i  nor  more  than  five  years,  or  both,  in  the  discretion 
of  the  court. 

Sec.  13.  Report  of  stolen  and  recovered  motor 
vehicles.  It  shall  be  the  duty  of  the  sheriff  of 
every  county  of  the  State  and  of  the  chief  of  police 
or  commissioner  of  police  of  every  city  having  a 
population  of  more  than  ten  thousand  to  make  im- 

I  mediate  report  to  the  Secretary  of  State  of  all 
motor  vehicles  reported  to  him  as  stolen  or  re¬ 
covered,  upon  forms  provided  by  the  Secretary  of 
[State.  Upon  receipt  of  such  information  the  Sec¬ 
retary  of  State  shall  file  the  same  in  an  index  to 
be  known  as  the  “  Stolen  and  recovered  motor  ve¬ 
hicle  index.”  It  s^ail  also  be  the  duty  of  the 
;  Secretary  of  State  to  file  reports  of  stolen  and  re¬ 
covered  motor  vehicles  reported  to  him  from  other 
states.  The  Secretary  of  State  shall  publish  once 
a  month  a  list  of  all  motor  vehicles  stolen  or  re¬ 
covered  during  the  previous  month,  and  forward 
a  copy  of  the  same  to  every  sheriff,  and  all  police 
departments  in  cities  with  over  ten  thousand  in¬ 
habitants.  Such  list  shall  also  be  forwarded  to 
the  Secretary  of  State,  or  other  proper  official,  in 
each  state  of  the  United  States.  Before  issuing 
a  certificate  of  title,  as  heretofore  provided,  the 
Secretary  of  State  shall  check  the  motor  and  serial 
number  on  the  motor  vehicle  to  be  registered 
against  the  * 1  stolen  and  recovered  motor  vehicle 
(index.  ’  ’ 

Sec.  14.  Licenses  required  of  second-hand  dealers. 

That  after  the  first  day  of  January,  nineteen  hun- 
■  dred  twenty-four,  it  shall  be  unlawful  for  any  per¬ 
son  to  carry  on  or  conduct  in  this  State  the  busi¬ 
ness  of  buying,  selling  or  dealing  in  used  ve¬ 
hicles,  unless  and  until  he  shall  have  received  a 

27 


license  from  the  Secretary  of  State  authorizing  the 
carrying  on  or  conducting  of  such  business:  Pro¬ 
vided,  however,  that  any  manufacturer  or  importer 
of  vehicles  or  his  subsidiaries  or  selling  agents 
may  buy  or  take  in  trade  and  sell  any  used  ve¬ 
hicle  of  his  own  make  without  such  license.  Such 
license  shall  be  furnished  annually  by  the  Secretary 
of  State  and  shall  run  from  the  first  day  of  Jan¬ 
uary,  nineteen  hundred  and  twenty-four,  and  an¬ 
nually  thereafter  for  each  year,  beginning  on  the 
first  day  of  January.  The  application  for  said 
license  shall  be  in  such  form  as  may  be  prescribed 
by  the  said  Secretary  of  State  and  subject  to  such 
rules  and  regulations  with  respect  thereto  as  may 
be  so  prescribed  by  him.  Such  application  shall  be 
verified  by  oath  or  affirmation  and  shall  contain  a 
full  statement  of  the  name  or  names  of  the  person 
or  persons  applying  therefor,  the  name  of  the  firm 
or  copartnership  with  the  names  and  places  of 
residence  of  all  the  members  thereof,  if  such  ap¬ 
plicant  be  a  firm  or  copartnership,  the  name  and 
residence  of  the  principal  officers,  if  the  applicant  : 
be  a  body  corporate  or  other  artificial  body,  the  " 
name  of  the  state  under  whose  laws  the  corporation 
is  organized,  the  location  of  the  place  or  places  at 
which  such  business  is  to  be  carried  on  and  con¬ 
ducted,  and  said  application  shall  contain  such 
other  relevant  information  as  may  be  required  by 
the  Secretary  of  State.  It  shall  be  accompanied  by  t 
a  sworn  statement  of  two  reputable  persons  of  the 
community  in  wdiich  the  principal  place  of  business 
is  to  be  located,  certifying  to  the  good  moral 
character  of  the  person  or  persons  applying  for 
such  license.  Upon  making  such  application  the 
person  applying  therefor  shall  pay  to  the  Secretary 
of  State  a  fee  of  five  dollars  ($5.(30)  in  addition  to 
any  other  fees  now  required  by  law.  A  license  certifi¬ 
cate  shall  be  issued  by  the  Secretary  of  State  in  ac- 
cordance  with  such  application  when  the  same  shall 
be  regular  in  form  and  in  compliance  with  the  pro¬ 
visions  of  this  section,  and  such  licenses,  when  so 
issued,  shall  entitle  the  licensee  to  carry  on  and 
conduct  the  business  of  buying  and  selling  and 
dealing  in  used  vehicles  for  a  period  of  one  year 
from  the  first  day  of  January  of  the  current  year. 

28 


The  Secretary  of  State  shall  have  the  power  to 
make  suitable  rules  and  regulations  for  the  issu¬ 
ance  of  such  licenses  to  expire  upon  the  first  day 
of  January  of  the  succeeding  year,  when  the  ap¬ 
plication  therefor  shall  be  made  during  the  current 
year,  and  upon  payment  of  a  license  fee  of  three 
dollars  ($3.00)  :  Provided,  application  is  made 
after  July  first  of  any  year.  Any  person  conduct¬ 
ing  the  business  of  buying,  selling  or  dealing  in 
used  vehicles  and  having  received  a  license  there¬ 
for,  shall,  before  removing  any  one  or  more  of  his 
places  of  business,  or  shall,  before  opening  any 
additional  places  of  business!,  apply  to  the  Secretary 
of  State  for  and  obtain  a  supplemental  license,  for 
which  no  fee  shall  be  charged.  Every  such  licensee 
shall  keep  a  book  or  record  in  such  form  as  may 
be  prescribed  or  approved  by  the  Secretary  of 
State,  in  which  he  shall  keep  a  record  of  the  pur¬ 
chase,  sale  or  exchange,  or  receipt  for  the  purpose 
of  sale,  of  any  second-hand  vehicle,  a  description 
of  such  vehicles,  together  with  the  name  and  ad- 
[  dress  of  the  seller,  or  the  purchaser,  and  of  the 
alleged  owner  or  other  person  from  whom  such 
vehicle  was  purchased  or  received,  to  whom  it  was 
sold  or  delivered,  as  the  case  may  be.  Such  de¬ 
scription  shall  also  include  the  engine  number,  if 
any,  the  maker ’s  number,  if  any,  chassis  number, 
if  any,  and  such  other  numbers  or  identification 
marks  as  may  be  thereon,  and  shall  also  include 
a  statement  that  a  number  has  been  obliterated, 
defaced  or  changed,  if  such  is  the  fact.  He  shall 
also  have  in  his  possession  a  duly  assigned  certifi¬ 
cate  of  title  from  the  owner  of  said  motor  vehicle, 
in  accordance  with  the  provisions  of  another  sec¬ 
tion  of  this  act,  from  the  time  when  the  motor  ve¬ 
hicle  is  delivered  to  him  until  it  has  been  disposed 
of  by  him.  Any  person  guilty  of  violating  any  of 
the  provisions  of  this  section  shall  be  deemed  guilty 
of  a  felony  and  shall  be  punished  by  a  fine  of  not 
less  than  fifty  dollars  ($50.00)  nor  more  than  one 
thousand  dollars  ($1,000.00),  or  by  imprisonment 
in  any  penal  institution  in  this  State  for  not  less 
(than  six  months  nor  more  than  three  years,  or 
(both,  in  the  discretion  of  the  court. 

Sec.  15.  Appointment  of  deputies,  their  duties, 
etc.  The  Secretary  of  State,  with  the  approval  in 

29 


writing  of  the  Governor,  is  hereby  given  power  to 
appoint  all  necessary  deputies,  in  addition  to  the 
present  officers  of  the  law,  to  carry  out  the  pro¬ 
visions  of  this  act,  and  to  incur  any  additional 
expense  in  the  enforcement  of  this  act  as  may  be 
first  approved  by  the  Governor  in  writing,  and 
the  Secretary  of  State,  together  with  such  deputies, 
employees  and  the  existing  officers  of  the  law,  are 
hereby  given  police  power  and  authority  through¬ 
out  the  State,  to  arrest  without  writ,  rule,  order 
or  process,  any  person  in  the  act  of  violating  or 
attempting  to  violate  in  his  presence  any  of  the 
provisions  of  this  act,  and  are  hereby  made  peace 
officers  of  this  State  for  that  purpose.  All  deputies 
and  inspectors  heretofore  or  hereafter  appointed 
and  commissioned  under  chapter  fifty-five,  Con¬ 
solidated  Statutes,  and  acts  supplemental  thereto 
or  amendatory  thereof,  are  hereby  expressly  grant¬ 
ed  the  police  powers  given  in  this  section.  With 
the  permission  and  consent  of  the  sheriff  of  any 
county,  or  the  chief  of  police  of  any  city,  the  Sec¬ 
retary  of  State  is  hereby  authorized  to  employ  tem¬ 
porarily  and  deputize  any  deputy  sheriff  or  police 
officer  to  investigate  any  auto  theft  matters  or 
other  violations  of  this  act,  and  any  such  officer 
so  employed  or  deputized  shall  have  all  the  au¬ 
thority  of  pe&ce  officers  as  heretofore  provided. 
Any  officer,  or  deputy  of  the  Secretary  of  State, 
shall  have  the  authority  and  is  hereby  required  to 
use  reasonable  diligence  in  ascertaining  whether 
the  owners  and  operators  of  motor  vehicles  are 
complying  with  the  provisions  of  this  act.  All  ex¬ 
penditures  under  the  provisions  of  this  section  shall 
be  paid  from  the  fund  hereafter  designated  as  the 
11  Auto-theft  fund.” 

Sec.  16.  Auto-theft  fund,  how  used.  All  moneys 
received  by  the  Secretary  of  State  under  the  pro¬ 
visions  of  this  act  shall  be  paid  into  the  State 
treasury  on  or  before  the  tenth  of  each  succeeding 
month,  and  shall  be  set  aside  and  known  as  the 
“ Auto-theft  fund,”  and  shall  be  held  and  retained 
in  the  State  treasury  as  a  separate  fund  to  be  used 
to  meet  the  necessary  expenses  incurred  by  the 
Secretary  of  State  in  the  performance  of  duties  re- 

30 


quired  by  this  act  and  the  enforcement  of  the 
motor  license  and  traffic  laws  of  the  State. 

Sec.  17.  False  statements  shall  constitute  per¬ 
jury.  Any  person  who  shall  make  any  false  affi¬ 
davit,  or  shall  knowingly  swear  or  affirm  falsely, 
to  any  matter  or  thing  required  by  the  terms  of 
this  act  to  be  sworn  or  affirmed  to,  shall  be  guilty 
of  perjury,  and,  upon  conviction,  shall  be  punish¬ 
able  by  a  fine  and  imprisonment  as  other  persons 
committing  perjury  are  punishable. 

Sec.  18.  Any  part  declared  unconstitutional 
shall  not  render  remainder  of  act  invalid.  If  any 

provision  of  this  act  shall  be  held  by  any  court  of 
competent  jurisdiction  to  be  unconstitutional,  such 
provision  so  declared  to  be  unconstitutional  shall 
not  affect  the  validity  of  the  remainder  of  the  act, 
but  shall  only  affect  the  clause  or  provision  so  held 
to  be  unconstitutional,  and  the  remainder  of  the 
\  |  act  shall  be  valid. 

Sec.  19.  Date  effective.  That  this  act  shall  take 
|  effect  and  be  enforced  on  the  first  day  of  October, 
nineteen  hundred  and  twenty -three. 


FOR  USE  ONLY  IN 

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